| Matter of Madison H. |
| 2009 NY Slip Op 07633 [66 AD3d 898] |
| October 20, 2009 |
| Appellate Division, Second Department |
| In the Matter of Madison H. Administration for Children'sServices, Respondent; Margaret M., Appellant, et al., Respondent. (Proceeding No. 1.) In theMatter of Mark B., Jr. Administration for Children's Services, Respondent; Margaret M.,Appellant, et al., Respondent. (Proceeding No. 2.) |
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Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Francis F. Caputo and Dona B.Morris of counsel), for respondent. Steven Banks, New York, N.Y. (Tamara A. Steckler of counsel), attorney for thechildren.
In two related neglect proceedings pursuant to Family Court Act article 10, the motherappeals from a fact-finding order of the Family Court, Kings County (Olshansky, J.), datedSeptember 9, 2008, which, after a hearing, found that she neglected the subject children.
Ordered that the fact-finding order is affirmed, without costs or disbursements.
Contrary to the mother's contention, the Family Court's finding of neglect is supported by apreponderance of the evidence (see Family Ct Act § 1046 [b] [i]; Matter of Tristan R., 63 AD3d1075 [2009]; Matter of JonathanW., 17 AD3d 374, 375 [2005]). The out-of-court statements of the subject children,Madison H. and Mark B., sufficiently cross-corroborated one another (see Matter of Tristan R., 63 AD3d1075 [2009]; Matter of JoshuaB., 28 AD3d 759 [2006]). Viewing the record as a whole, and according great weight tothe hearing court's credibility determinations, we discern no basis to disturb the Family Court'sfinding of neglect as to both children (see Matter of Michael M., 39 AD3d 550, 551 [2007]; Matter of Joshua B., 28 AD3d 759[2006]; compare Matter of Peter G.,6 AD3d 201 [2004]). Dillon, J.P., Dickerson, Lott and Austin, JJ., concur.